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Marijuana-Related Criminal Charges: What To Know

While marijuana is legal in many states, the rules are somewhat confusing and can change as you cross state lines. What hasn't changed are the rules against driving under the influence (DUI), though. No matter how lenient marijuana laws may have become in your area, it will always be illegal to be under the influence of alcohol, drugs, or marijuana while driving. To learn more about this increasingly common issue, read below.

Possession Issues

With each state looking at the possession of marijuana differently, it would be foolish to just assume you can have a personal use amount on you as you travel from state to state. While many states have reduced the penalties for small amounts of marijuana considerably, it's still illegal to possess it in some places, and those that allow possession may not allow you to carry it with you as a passenger or while driving. Large quantities of marijuana are always going to be a problem and many states require people to carry proper documentation when using it for medical reasons. Before you travel, familiarize yourself with the laws of every state you enter.

Impairment Issues

While possession of marijuana charges are not exactly a slap on the wrist, being arrested for that is not likely to be as serious as a driving under the influence charge. Being in possession may indicate a lack of awareness about the laws but being impaired may be putting others on the road with you in danger. In general, probable cause for suspicion of marijuana impairment is the same as those for suspicions of alcohol impairment. You might be spotted, for example, weaving between the lanes of travel, staying too long at a traffic light, and more. Then, law enforcement looks for signs of impairment after you are stopped by observing your appearance, speech, odors, and more. Once probable cause has been determined to test you, you may be put through some of the same field sobriety tests used on those suspected of being under the influence of alcohol.

Biological Testing

At the present, no definitive biological test can alert to the presence of marijuana impairment so roadside testing has to stand alone. While a blood test may show the presence of THC, there is currently no way to determine how long that substance has been present in the body. In many cases, field sobriety testing has also been shown to be an inaccurate measure of impairment because it depends on subjects being healthy with no vision, speech, hearing, or neurological issues.

Regardless of the circumstances, being arrested for a DUI is a serious situation, and the fact that it involves marijuana rather than alcohol won't help matters. You will need a DUI lawyer to help you with your case, so don't delay in seeking representation.


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